TSCA CBI Declassification Challenge

Announcements

February 14, 2012 -- EPA is encouraging industry participants to focus their declassification efforts in FY 2012 on TSCA section 8(e) submissions filed with the Agency between FY1991-94 and after 2001. Instructions on how to declassify these materials can be found on this page. For further information contact Scott Sherlock at (202) 564-8257 or at sherlock.scott@epa.gov

As a part of Administrator Lisa P. Jackson’s commitment to increase transparency, in 2010 EPA has asked companies to voluntarily declassify documents they claimed as confidential business information (CBI) if the claims were inconsistent with the law or no longer necessary.

This Web page contains instructions for companies to declassify their CBI, and describes an effort to speed declassifications in 2012:

To facilitate industry reviews and declassifications, EPA is providing assistance in accessing copies non-confidential versions of filings identified as a priority.

The priority reviews consist of approximately 4,000 notices of substantial risk submitted to EPA under TSCA section 8(e) in which the chemical name and other health and safety data have been claimed as CBI. EPA is requesting that industry review and declassify, when possible, filings directed to the Agency between September 1991 and September 1994 and those directed to the Agency after May, 2001.

To help industry submitters find and review priority documents, EPA has created an index of subject documents identified document control number (DCN), 8E number and date of submission. WEBSITE. The Agency is also posting non-CBI versions of the documents in Chemical Data Access Tool (CDAT). The non-CBI versions of priority documents will be accessible from CDAT by DCN.

For companies participating in the CBI Voluntary Challenge, EPA has made available an index documents identified by document control number. Please enter the document numbers in CDAT search box to find and review your redacted CBI documents.

For companies who have not yet participated in the CBI Voluntary Declassification Program, please contact Jeff Santacroce at 202-564-2818 or TSCA-DECLASS@epa.gov for a company- specific list of covered materials.

For further information on this effort, contact Scott M. Sherlock at (202) 564-8257 or at Sherlock.scott@epa.gov.

In instances companies fail to review and declassify the priority documents, when appropriate, EPA will initiate reviews and possibly administrative actions consistent with TSCA and its implementing regulations.

How to Declassify Documents.

Industry submitters should follow the procedures described below for giving notice to the Agency on declassifying TSCA CBI materials:

Process for Declassifying Documents under the FY 2012 Effort.

Information owner reviews indexes and individual filings designated as priority for this effort.

Information owner determines whether CBI claims within filings are consistent with law or necessary to protect interests of information owner.

For each document to be declassified, information owner prepares a new document with “declassified” information (i.e. chemical name, health and safety data, etc) included.

“Declassified documents” should be sent to the address listed below.

Information owners are requested to provide either declassifications or progress on reviews no later than May 31, 2012.

Information owners are invited to review and declassify other materials directed to the Agency under the authority of TSCA.

Declassification Process for TSCA Health and Safety Filings

Request to declassify information should contain:

Cover letter with the reference in the subject line: “Declassification Activity-health and safety filing” and Agency provided document control number:

In order to match a declassification letter with the submission it pertains to, EPA needs to be able to identify that submission with specificity. Please, therefore, provide any identifying numbers already associated with the submission, such as EPA document control number (DCN) and 8(e) number.

A new “non-confidential” version of the document with declassified data included and circled.

Facsimile

For TSCA Inventory Submissions, including original inventory submissions and TSCA section 5 (notices of commencement)

Package should contain:

Cover letter, with the reference in the subject line: “Declassification Activity-CBI Inventory declassification.”

An entity should identify the chemical or chemicals presently listed on the confidential portion of the TSCA Master Inventory List to be declassified. Only entities that manufacture, import, process or distribute a substance may seek to declassify the substance identity by moving it from the confidential to public portion of the TSCA Master Inventory List. The entity should provide any information available describing its commercial activities with the substance. For example, copies of original Inventory submissions, TSCA section 5 materials (pre-manufacture notices), or TSCA section 8(a) materials (Inventory Update Rule notices), or even Websites with substances identified are proof of commercial activities.

On June 4, 2010, Steve Owens, Assistant Administrator of EPA's Office of Chemical Safety and Pollution Prevention, sent letters (PDF)(2 pp., 1.2 MB, About PDF) to major industry trade associations challenging them to reduce their voluminous CBI claims under the Toxic Substances Control Act. He first issued the challenge March 30, 2010, at the Global Chemical Regulations (GlobalChem) Conference in Baltimore.

He asked that industry:

Review older notices or filings containing CBI that have been submitted under TSCA and identify materials that should not be considered confidential.